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DISCLOSURE
AND USER AGREEMENT
1. INTRODUCTION
The content, advertising and financial market information accessible
through this website, including but not limited to all design, text,
audio, images and financial analysis and research and other financial
market data (the "Information") is provided by BTR Capital
Management, Inc., a California corporation, its affiliates, licensors
and various third-party companies, and their respective officers,
directors, members, managers, partners, employees, affiliates and
agents (collectively "BTR"). Your review or use of this
information after accessing the website constitutes your acceptance
of this Disclosure and User Agreement (the "Agreement").
The information provided by BTR is for information purposes only
and should not be used or construed as investment advice or as legal
or tax advice to you, or as an offer to sell, solicitation of an
offer to buy or any endorsement, recommendation or sponsorship of
any company or security by BTR. You acknowledge that any requests
for information are unsolicited and shall neither constitute nor
be construed as investment advice by BTR to you or constitute the
formation of an investment advisory relationship, or any other client
relationship. It is strongly recommended that you seek outside advice
from a qualified securities professional. BTR does not guaranty
the suitability or potential value of any particular investment
or information source. BTR may invest or otherwise hold an interest
in companies or securities discussed on this website. No information
should be interpreted to state or imply that past results are an
indication of future performance.
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2. MODIFICATION
AND MONITORING OF WEBSITE
BTR reserves the right, at our discretion, to change, modify, add
or remove portions of these terms at any time without notice to you.
We suggest that you check these terms periodically for changes. The
terms can be accessed from the link at the [left margin] of
our website pages. If you use this website after we post changes to
the terms, you accept the changed terms. BTR expressly reserves the
right to monitor any and all use of this website. |
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3.
LIMITS ON USE
The Information is the exclusive property of BTR and is protected
by applicable copyright and trademark law and other proprietary
rights. Unauthorized use of the Information is prohibited. You agree
not to copy, reproduce, download, retransmit, disseminate, sell,
rent, sublicense, distribute, publish, perform, broadcast, display,
circulate or commercially exploit the Information in any manner,
or alter, store for subsequent use, decompile, disassemble, reverse
engineer, or otherwise use the Information in whole or in part without
the express written consent of BTR. Any rights not expressly granted
herein are reserved by BTR. You may not link other websites to this
website without the express written permission of BTR. You may download
one temporary copy of the Information into one single computer's
memory solely for your own personal non-commercial use and not for
distribution, provided that all relevant copyright, trademark and
other proprietary notices shall be kept intact. You may not allow
others to use your user name or password to access or use this website.
You agree to notify BTR immediately if you become aware of any loss
or theft of your password or any unauthorized use of your password.
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4. DISCLAIMERS
OF WARRANTIES AND LIABILITY
Due to various factors, including the inherent possibility of human
and mechanical error, the accuracy, completeness and timeliness
of the information and the results obtained from its use, or correct
sequencing of the Information is not guaranteed by BTR or any persons
creating or transmitting the Information. News stories reflect only
the author's opinion and not that of BTR.
YOUR USE OF THE INFORMATION IS AT YOUR SOLE RISK. ALL INFORMATION
IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED,
OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT
LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR USE, OR NON-INFRINGEMENT.
TO
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BTR AND/OR
OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO
EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE
OUT OF YOUR USE OF OR ACCESS TO THE INFORMATION (INCLUDING BUT NOT
LIMITED TO LOST PROFITS, LOSS OF OPPORTUNITY, TRADING LOSSES AND
DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE,
DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF BTR OR OTHER
PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT
PERMITTED BY LAW, BTR OR OTHER PERSONS CREATING OR TRANSMITTING
THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU
OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY,
PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER
OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
This site has links to other (third-party) internet sites which
have not necessarily been screened or reviewed by BTR and which
may contain inaccurate, inappropriate or offensive material, products
or services and the existence of external links does not constitute
an endorsement by BTR of the linked website. BTR assumes no responsibility
or liability with regard to the accuracy, reliability, legality
or decency of such third-party sites, content, products or services.
BTR and any person creating or transmitting the Information shall
not be liable for any infection by viruses of or damage to any computer
that results from your use of, access to or downloading of the Information.
If you are dissatisfied with the Information, products or services
offered at this site or with the terms and conditions of this Agreement,
your sole and exclusive remedy is to discontinue use of and access
to this site and the Information.
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5. SUBMISSIONS
TO THIS SITE
Any information, ideas, suggestions, communications or the like sent
to BTR through this Website are and will be treated as non-confidential
and non-proprietary. You acknowledge and agree that BTR is entitled
to use, reproduce, disclose, publish, post, broadcast and/or otherwise
distribute or use any information submitted or posted by you for any
purpose and in any medium whatsoever, now known or hereafter developed,
without restriction, compensation or attribution to the person sending
or posting the submission. You represent and warrant the accuracy
and originality of any submission communicated by you to BTR and agree
to indemnify and hold BTR harmless from any claims or damages arising
out of its accuracy, appropriateness and legality.
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6. TERMINATION
AND CANCELLATION
BTR reserves the right to modify or terminate this site or any of
these terms, and to terminate your access to this site, without notice
at any time. |
7. TRADEMARKS
All trade names, trademarks, service marks and other product and service
names and logos displayed herein are the proprietary marks and names
of their respective owners, are protected by applicable copyright
and trademark laws and may not be used by you without express authorization.
This website is not owned, sponsored, approved by or otherwise affiliated
with any other entity named herein.
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8. JURISDICTIONAL
ISSUES AND APPLICABLE LAW
Unless otherwise specified, BTR controls and operates this site from
its offices within the State of California, United States of America.
BTR does not claim that materials in this site are
appropriate or available for use in locations other than California.
If you choose to access this site from other locations, you do so
on your own initiative, and you are responsible for compliance with
any applicable local laws.
Software from this site is further subject to United
States export controls. Software from this site may not be downloaded
or otherwise exported or reexported outside the United States. By
downloading or using the Software, you represent and warrant that
you are not located in, under the control of, or a national or resident
of any country or territory outside of the United States.
The laws of the State of California govern these terms. If you take
legal action relating to these terms, you agree to file such action
only in the Superior Court of the State of California in the City
and County of San Francisco, or the United States District Court for
the Northern District of California, and you consent and submit to
the personal jurisdiction of those courts for the purposes of litigating
any action relating to these terms or the website.
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9. GENERAL
Should any provision of this Agreement or portion thereof be held
illegal or unenforceable by an appropriate jurisdiction, such provision
shall be limited or severed and the remainder of the Agreement shall
continue in full force and effect. Neither the rights nor the obligations
arising under this Agreement are assignable or transferable by you
and any such attempted assignment or transfer shall be void and without
effect.
The failure of either party to enforce its rights
under this Agreement at any time for any period shall not be construed
as a waiver of such rights.  |
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